Steven Smith 113 Nor th Street Tewksbury,MA 01876 978
- 851
- 0987 skcasmith@verizon.net June 5, 2012 Dear Sir or Madam: I am writing to request an exemption from 14 CF R § 121.311(b) to the extent required for Avery Smith to be able to use an FA

A Approved Child Re straint System even though he exceeds the weight limits for the CRS . In addition, if my petition is granted, I request that any air carrier or commercial operator operating under par t 121 while Avery is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Avery to exceed the specified weight limit for an F AA
- approved child restraint system during use of that child restraint system aboard an aircraft. I believe the pertinent section from 14 CFR part 121 from which we seek relief i s Section 121.311 Seats , safety belts , and shoulder har nesses . My son's physical condition is as follows: Avery is eight soo n to be nine years old, he is about 53 pounds in weight and about 48 1⁄2 inches tall, he has limited fine and gross motor control throughout his entire body . H e has Ve lo
- Cardio Facial Syndrome (VCFS
– chromosome 22q11 par tial deletion), he also has Po lymicr o Gyr us of the Pe riSylvian region of his brain (this is the fine and gross motor hub of the brain and the communication/language hub of the brain). I n addition to the genetic and neurological conditions Avery also has severe silent and audible aspiration which requires him to be in an upright position while in motion through the day (for example, his wheelchair in the van). As a result of his physical condition, he needs the suppor t and security provided by an FA A Approved Child Re straint, but because of his weight is incapable of c ompliance with the regulation. I understand that the regulation is written to create a high level of s afety for each individual passenger by ensuring that they are securely restrained in their seats during all phases of f light. The regulation also ensures that an individual does not cause har m to other passengers on the airplane by being thrown into them during turbulent or emergency conditions . I propose that Avery be allowed to occupy an FA A Approved Child Re straint (CARES , manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits . This ensures a high level of s afety for Avery and a high level of s afety for the other passengers and crew on the airplane. In fact, in Avery's case, safety is greatly enhanced by the extra suppor t and security that the FA A Approved Re straint System will provide during the entire f light. Enhancing safety for Avery is in the public interest. In addition, the public interest is also ser ve d by the fact that the use of thi s F

AA Approved Child Restraint System allows him to use commercial air transpor tation. Without the suppor t and security of the F AA Approved Child Restraint System, he would be unable to f ly commercially

. I also believe that, with certain limitations established by the FA A in a grant to this petition, there can be an equivalent level of safety to that provided by the affected regulation. The CARES restraint has been cer tified by the manufacturer for use by children 22
- 44 pounds . However, the components of the CARES restraint are the same as those used in restraints for adults on aircraft and would maintain their integrity if u sed by someone who weighed several hundred pounds . I believe that the limit of 44 pounds was established because, with the additio nal weight of the child attached to the seatback, the seatback would move forward more quickly in an accident scenario and this might cause a higher HIC load for the person seated in the seat behind the passenger using the CARES restraint (because the seatback moving forward more quickly would mean that it would not be there to attenuate the energy from the impact of the person seated behind the person using the CARES restraint).– 2
– June 5, 2012

In order to achieve an equivalent level of s afety as that provided by the af fected regulation, I propose that the FA A establish a limitation in a grant to this petition that Avery only sits in a passenger seat with no passenger seated behind him. Therefore, no unsafe condition would exist for a passenger seated behind Avery while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Avery’s parents or a caregiver accompanying him. In addition, I propose that Avery’s parent or caregiver must car ry a copy of this exemption. I also request that the processing of this petition not be delayed for publication and comment in the Fe deral Re gister. Wewant to travel November 9th and 17 th of 2 012 . If you take the time to put this in the Fe deral Re gister, it will delay the process and we may not be able to travel in this timeframe. If it is necessary to put a summary in the Federal R egister, I submit the following: This is a request for an exemption from FAR 121.311 (b) to the extent required for a child to use an FA A Ap proved Child Re straint System on an aircraft, even though the child exceeds the weight limits for the CRS . Due to ph ysical challenges , without the suppor t and security of this F AA Approved Child Restraint System, this child would be unable to fly. W e reque st that this child be allowed to occupy an FA A Approved Child Restraint (CARES , manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits of 4 4 pounds . In this case, the safety of this child is greatly enhanced by the extra sup por t and security that the FA A Approved Restraint System will provide for him during the f light. Sincerely ,
Steve Smith (A ve ry’s Dad)

113 NORTH STREET • T EWKSBURY, MA • 01876

PHONE: 978
- 851
- 0987